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SANJAY KUMAR MEDHI
Bablu Pandey, S/o. Bramahnand Pandey – Appellant
Versus
State Of Assam, Rep. By The PP, Assam – Respondent
JUDGMENT :
Heard Shri L.R. Mazumder, learned Counsel for the petitioner, namely, Bablu Pandey, who has filed this bail application under Section 439 of the Cr.P.C. praying for bail in connection with Bazaricherra P.S. Case No. 154/2021 under Section 21 (C) of NDPS Act. The petitioner was arrested on 23.08.2021.
2. This Court has been informed that the prayer for bail were rejected by this Court on two occasions vide orders dated 18.04.2022 and 12.08.2022.
3. Shri Mazumder, the learned counsel for the petitioner has submitted that the investigation is over and the charge sheet has been submitted and the petitioner is in custody for about 836 days and therefore, his prayer for bail may be considered.
4. On the other hand, Ms. A. Begum, learned Addl. Public Prosecutor, Assam has strenuously opposed the prayer for bail.
5. The materials on record including the scanned copies of the case records of Special NDPS Case No. 80/2021 have been carefully perused.
6. It reveals that a huge cache of contraband, namely, Codeine Phosphate Syrup was seized. The cache amounted to 40,000 bottles of 100 ml each in 250 cartons. The seizure was made from a vehicle (a red colour truck) bearing registratio
The NDPS Act imposes stringent parameters for granting bail, requiring prima facie satisfaction that the accused is not guilty and is not likely to commit further offences, and the presumption of gui....
The main legal point established in the judgment is that bail under the NDPS Act can only be granted if there are reasonable grounds to believe the accused is not guilty of the offence and not likely....
Recovery and seizure - Scheme of Section 37reveals that exercise of power to grant bail is not only subject to limitations contained under Section 439 of Cr.PC, but is also subject to limitation plac....
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
The main legal point established in the judgment is the strict application of bail provisions under the NDPS Act, considering the nature of the contraband, the quantity, and the nature of the accusat....
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